Question: The owners upstairs have been served a breach and fined at NCAT for noisy flooring. They are happy to pay the fines and not fix the flooring. What can we do?
The lot owners in the apartment above my unit installed a noisy floating floor. Mediation was unsuccessful and NCAT ordered the floor be replaced with carpet. The owners took no action. They were fined. The owners paid the fine but they took no other action to replace the flooring. They were then taken back to NCAT and fined again. Once again they paid the fine but have not replaced the flooring. The owners feel it’s easier to pay the fines rather than replaced the noisy floating floor. As the downstairs owner, what action can I take?
Is it up to the committee to get legal advice and pursue the breach or is it up to us as the affected lot owners?
Answer: Get legal advice on whether you can now apply for new different orders along the lines of getting an order to have the works carried out on behalf of the offending lot owner at their expense.
You will get owners that feel it’s easier to pay the fine. This is more of a legal question so I suggest you get legal advice. I would get legal advice on whether you can now apply for new different orders along the lines of getting an order to have the works carried out on behalf of the offending lot owner at their expense. Some implications of the order would be access to the lot. That would have to form part of the advice.
So option one is to look at getting orders to have the works completed. Also, look at another jurisdiction, perhaps going outside of NCAT and maybe going to another jurisdiction and seeing whether or not they have more weight and force.
In my view, I would think the owners corporation has that obligation because the breach of the bylaw is noise and the owners corporation have an obligation to enforce compliance with the bylaws. It wouldn’t harm if the affected lot owner is a joint applicant. The application may have more force and weight.
This post appears in the June 2023 edition of The NSW Strata Magazine.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
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